Patna High Court
Prince Kumar @ Prince Rai @ Prince RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the B.N.S., 2023.
Summary
Prince Kumar applied for anticipatory bail after being implicated in a FIR alleging physical relations under false promise of marriage, with charges under several sections of the B.N.S., 2023 and the POCSO Act. The petitioner asserted a clean antecedent and claimed the informant’s allegations were false, noting that the informant had an existing marriage and chose not to appear after receiving notice. The State opposed the bail. The court examined the credibility of the allegations, the petitioner’s background, and the possibility of misuse of the criminal process. Relying on the principles of Section 482(2) of the B.N.S., the court granted anticipatory bail, subject to a cash bond and sureties, and imposed standard bail conditions. The order was made to ensure the petitioner’s liberty pending arrest or surrender within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the charges framed under the B.N.S., 2023 and the POCSO Act
- Whether the allegations in the FIR constitute a false case warranting denial of bail
Legislation cited
- B.N.S., 2023 — s. 115(2), 126(2), 3(5), 351(2), 352, 69, 89
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
Subjects
- anticipatory bail
- false complaint
- POCSO Act
- Section 482
- criminal procedure
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70565 of 2025
Arising Out of PS. Case No.-90 Year-2025 Thana- MOHANPUR District- Samastipur
======================================================
Prince Kumar @ Prince Rai @ Prince Raj S/O Ram Naresh Rai Resident of
Village/Mohalla - Sarari, P.S- Mohanpur, District- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. ABC D/O DEF R/O Vill.- Patepur, P.S.-Patepur, Dist.- Vaishali through SHO
of Mohanpur P.S., Dist.- Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Harendra Nath Ojha
For the Opposite Party/s : Mr. Jitendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 09-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 89, 69, 352, 351(2) and 3(5) of the B.N.S., 2023 and
Sections 4/6 of POCSO Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent. It is next submitted
that from perusal of office report dated 09.01.2026, it would
manifest that the notice has been received by O.P. No.2 but then
O.P. No.2 despite receiving notice chooses not to appear and
contest. It is next submitted that in sum and substance the
Patna High Court CR. MISC. No.70565 of 2025(4) dt.09-04-2026
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allegation as alleged in the FIR by the informant is that
petitioner established physical relation on false promise of
marriage.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that the
relationship in between the informant and the petitioner was
consensual and was in between two consenting adult. It is also
submitted that informant from before was married to Pintu and
without divorcing him and disclosing the said fact she fell in
love with the petitioner and when petitioner came to know about
her earlier marriage, he resiled from marrying her when the
instant false case came to be instituted. It is also submitted that
this perhaps explains why informant despite receiving notice
chooses not to appear and contest.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
Patna High Court CR. MISC. No.70565 of 2025(4) dt.09-04-2026
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bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Mohanpur P.S. Case No.90/2025, subject to the conditions
as laid down under Section 482(2) B.N.S.S.
(Satyavrat Verma, J)
amit/-
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